GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CRM-M-47384-2017 titled as 'Gurtej Singh @ Teji and Others Versus State of Punjab and Another' and CRM-M-47577-2017 titled as 'Balwant Singh @ Bant Singh and Others Versus State of Punjab and Another' as both the petitions have emanated from a common order dtd. 21/1/2017 (Annexure P-3) passed by the Court of Judicial Magistrate 1st Class, Sangrur, upon an application under Sec. 156(3) of Code of Criminal Procedure (in short 'Cr.P.C.') filed by respondent No.2-complainant (Nazar Singh) against the petitioners in both the cases alongwith other persons, was allowed and police was directed to register FIR under Sec. 156(3) Cr.P.C. under the relevant provision of Indian Penal Code (in short 'IPC').

(2.) Shorn of unnecessary details, the brief facts of these cases are that respondent No. 2 - complainant (Nazar Singh) filed an application under Sec. 156(3) Cr.P.C. against one Des Raj and others (including the petitioners in both the cases) before the Court of Judicial Magistrate 1st Class, Sangrur; wherein it was stated that he (Nazar Singh) had purchased land measuring 401 Square yards situated at village Shahpur vide registered Sale deed No. 2191 dtd. 30/11/1999 and thereafter he constructed his residential house thereon and even an electric connection (bearing account no. S94CN170616W) was installed therein and respondent No.2-complainant (Nazar Singh) was residing in this house alongwith his wife and sons. It was alleged that Des Raj and others (including the petitioners in both the cases) wanted to interfere in the peaceful possession of respondent No. 2-Complainant (Nazar Singh) and on such threats, respondent No.2-complainant (Nazar Singh) filed a Civil Suit (CS/1021/2016) dtd. 14/9/2016 titled as 'Nazar Singh vs Des Raj and others' seeking relief of prohibitory injunction and vide order dtd. 14/9/2016, order of status quo regarding possession till further orders was passed, which was duly communicated to the defendants in the suit. It was further alleged in the application under Sec. 156(3) Cr.P.C. that some of the respondents therein tried to pressurize respondent No. 2- complainant (Nazar Singh) to withdraw the suit, which was denied and police officials brought respondent No. 2-complainant (Nazar Singh) to PP Kalajhar on 20/9/2016 and kept him in illegal custody from 4:00 pm of 20/9/2016 to 2:00 pm of 21/9/2016. It was further alleged that on 21/9/2016, all the respondents formed an unlawful assembly with common object and intention trespassed in the residential house of respondent No.2-complainant (Nazar Singh) by breaking open the lock of single iron gate of house of Nazar Singh for making passage and dug earth from the house of respondent No.2-complainant (Nazar Singh), constructed wall in the dug out area and demolished old wall. On 23/9/2016, they increased the length of the newly constructed wall, detached single iron gate and took it to their unknown place without the consent of respondent No.2-complainant (Nazar Singh) and some of the respondents used force, assault and confined wife of respondent No.2-complainant (Nazar Singh) in room. Other allegations of assault, wrongful restraint and confinement, theft, destruction of property etc. were also made.

(3.) Learned Judicial Magistrate 1st Class, Sangrur, after considering the material available on the record of judicial file and after hearing respondent No.2- complainant (Nazar Singh), passed an order dtd. 21/1/2017 (Annexure P-3) directing the police to register FIR under Sec. 156(3) Cr.P.C. under the relevant provision of IPC. The relevant extract of order dtd. 21/1/2017 (Annexure P-3) reads as under: